Opinion
May 27, 1986
Appeal from the Supreme Court, Kings County (Aronin, J.).
Judgment modified, on the law, by deleting the second, third, and fifth decretal paragraphs thereof. As so modified, judgment affirmed, with costs to the plaintiff.
Special Term properly denied the plaintiff's motion for a preliminary injunction (see, Grant Co. v Srogi, 52 N.Y.2d 496, 517; cf. Cohen v Farber, 65 A.D.2d 686). However, Special Term should not have dismissed the complaint on the merits in the absence of an application for such relief or notice to the parties (see, Guggenheimer v Ginzburg, 43 N.Y.2d 268). In addition, the complaint seeks affirmative relief not available in a pending Civil Court proceeding between the same parties (cf. Cohen v Farber, supra).
We have considered the plaintiff's remaining contention and find it to be without merit. Rubin, J.P., Lawrence, Kunzeman and Kooper, JJ., concur.